I was proposed to in Utah, but I live in NJ. We never lived together and the engagement was for a short period of time. My ex fiancé broke off the engagement and now he's asking for the ring back. Do I have to return it?
He also shipped me a couple electronic devices for me to sell and is asking for those back as well. He is an IT professional and I believe he may have stolen them from the company he works for. I refuse to give them back to him directly. Should I take legal action, and if so what? Or just give them back? I want to handle this situation before he takes me to court and it gets ugly.
Peter Browne GarveyEstate Planning AttorneySomers Point, NJ ·
Generally, NJ law recognizes that an engagement ring is a conditional gift and as such, if the condition is not met -- if the wedding never occurs -- then the engagement ring is not a completed gift and the donor is entitled to the return of the ring. What is not clear to me is if Utah law applies and, if so, if the law there is different. The question associated with the other property is entirely different insofar as it wasn't even a gift to you. It would be a good idea to speak to an attorney before you take any action.
I agree with counsel. It may also bear investigation into the source of the electronics. Depending on your contacts with Utah, it may be that if your ex wishes to sue you he may need to come to NJ. Utah counsel may help with these issues.
You live, as you have stated and other responders have confirmed, in two different states. Under these situations, if the amount in issue is in excess of $10,000, jurisdiction is in the Federal District Court and not the state courts.
If you are in possession of stolen electronics, then you are a co-conspirator and/or accessory after the fact. If the electronics were not stolen, then they were given to you for consignment - to sell. As you have not done so, you have a legal obligation to return the items. In either event, I would not want to have possession of these items.
With regard to the ring, it obviously has some monetary value, but why in your right mind would you want a ring from a guy who has dumped you? Give it back and be done with the bum. Why even get into a potential argument, it is not worth the grief. You don't need to see Judge Judy or the inside of a real courtroom.
